Guidelines for Dance Parties - Division of Local Government - NSW ...

Guidelines for Dance PartiesWhere a Dance Party can be held with development consent◆◆◆◆◆You may still need other forms of approval under the LG Act.Promoters must lodge a Development Application (DA) with Council.Council has 40 days to decide on the application, otherwise it is considered to be refused.Councils can continue to deal with applications after 40 days, but the promoters have aright of appeal to the Land and Environment Court. The earlier the application is made toCouncil the better. Putting the application in 80 days before the event is recommended.Council will consider the proposal according to section 79C of the EP&A Act. In particular,DAs should refer to the position of the stage and speakers, existing and proposed soundproofing, use of automatic cut out systems set for particular noise levels, which doors/windows will be used for access, and the closeness of neighbours (for noise).Council can impose conditions of consent. These may specify hours of operation, parkingarrangements, and address any matters of environmental concern, especially noise levelsand noise control.Where a Dance Party cannot be heldIf the zoning prohibits activities such as dance parties in the area, then the party cannot takeplace in that venue.APPROVALS REQUIRED UNDER THE LOCAL GOVERNMENT ACT1993 (LG ACT)The most important approvals under Section 68 of the LG Act are:◆◆◆use of a building or temporary structure as a place of public entertainment, or permit itsuse as a place of public entertainment - A3 Approvalinstall a temporary structure on land - A2 Approvalcarry out an activity on community land - part D of the table in section 68 of the ActDance parties are considered to be “public entertainment”. The use of the building or atemporary structure for public entertainment requires an A3 Approval. “Public entertainment”is where people pay money, or other consideration, to gain admission to the event (even ifonly some people are charged). A “consideration” includes a charge for a meal or otherrefreshment. However, in the case of premises licensed under the Liquor Act or RegisteredClubs Act, even “free” entertainment requires an approval. If a “temporary structure”, suchas a circus tent or marquee is used, then an A2 Approval (install a temporary structure onland) is also required.For A3 Approvals to use an existing building as a place of public entertainment, certain clausesof the Local Government (Approvals) Regulation allow Councils the option to decide to vary orlower the standards from those expected of new buildings.28